Rechtsbedingungen

We are very pleased that you have acceded to
Blipoint, the largest online community of images and professional
multimedia content. We provide you with a comprehensive database of
professionals that put, at the user’s disposal, a large database of
images, photographs, and multimedia content, that you can acquire in an
easy, fast, and inexpensive way.

Since we would like your navigation of our website
and the process of acquiring/purchasing images and content through the
web to be the safest, most transparent, and hassle free possible, you
will find all of the legal information relative to our platform below.

However, we reserve the right that our websites,
either fully or in part, can be the property of or managed by and the
full responsibility of other companies. In this case, the corresponding
identification information will always be indicated.

BACKGROUND

Blipoint is an online platform specialized in the
creation of an online community of professional photographers that put
at the disposal of the rest of the users images and photographs that can
be used by these for any end related to the world of design,
advertising, or the creation of promotional material, in addition to
being able to exchange experiences, opinions, critiques, contest
participation, and other aspects related to the world of photography
with the rest of the users.

It is eminently a collaborative network, in which the
content is directly published by the users themselves that make up the
platform, leaving in our hands just the task of placing the platform
online and housing it.

It is possible that certain services offered through
the website, due to their specific characteristics, are regulated by
conditions of use, registration, or individual contracts that complement
those herein stated. In these types of cases, the user, before starting
to use these types of specific services, must expressly accept the
aforementioned conditions.

3 OBJECTIVE

In the reasons stated below we will indicate to you
what you can and can’t do while navigating the Blipoint web, fully
informing you of the current regulations and ensuring at all times that
your navigation of our online community is the most secure and
comfortable possible.

The object of the present contract is to establish
the conditions of use and registration for all of those users that
decide to do their registration by way of the free method and those that
accede without registering as a user to the platform with the single
purpose of looking at the website and its contents.

In the same way, we will inform you of what the basic
and minimum conditions that you must accept as author of the images that
you house in Blipoint are, with relation to the rights of the platform
itself.

4 INTELLECTUAL AND INDUSTRIAL PROPERTY

We are deeply committed to the respect and protection
of the intellectual and industrial property rights of the authors, for
which reason we will inform you below of all of the specific conditions
that all of those elements and content protected by copyright of the
author and industrial property rights that are published in our website
are subjected to.

4.1 MATTERS RELATIVE TO THE DEVELOPMENT, DESIGN,
AND PROGRAMMING OF BLIPOINT

Our entire platform has been completely developed by
us, that being all codes, objects, designs, structures, planning,
manuals, data base, outlines, logotypes, and photographs used for the
creation of the web site of our full ownership; clearly stating that
access to or registry in Blipoint does not suppose any type of
relinquishment, transmission, or cession, total or partial, of our
property rights.

All of this content is duly protected by the
intellectual, and its case, industrial, property regulations, without
affecting the right of any person or entity that considers that their
rights are being infringed to take legal action if they consider it
opportune.

Nevertheless, as owners of the service, as a means
for you to be able to accede to, view, and use our website, we have at
your disposal as a user of the same a non-exclusive licence of use, of a
temporary nature limited to the time that you remain viewing our
platform and unlimited space, being able to accede from any point on the
planet, completely free, except for the acquiring of images,
non-transferable, revocable, and not sub-licenceable.

In any case, any type of reproduction, imitation,
transmission, translation, modification, production of derivative work
and/or public communication is absolutely prohibited, independent of the
media employed for it, the offending user assuming, in the contrary
case, all of the responsibilities, direct or indirect, than can take
place.

Under no circumstances can the content stored in the
platform be downloaded, reproduced, or used, in any other mechanism or
place other than our website, without the previous acquisition of the
same or except when authorization has been given by us or by the user
whom is the owner, when express authorization has been given for the
possibility of sharing determined content through social networks like
Facebook, Tuenti, and Twitter, assuming, as a user, in all cases, the
conditions of use and privacy policies of these types of platforms.

4.2 MATTERS RELATING TO IMAGES, PHOTOGRAPHS, AND
AVAILABLE ASSOCIATED CONTENT

As we have already indicated, Blipoint is an online
platform through which millions of users put at the disposal of the rest
images, photographs, and professional content related to the image,
design, and photography world, with the aim that the rest of the users
can acquire them and use them according to the specific licence that the
owner has established.

The possibility of storing and publishing content
within the platform is limited only to those users that have previously
registered
as such by way of the registration form and expressly accepted the
privacy policy and the present conditions of use and registration.

In the case that you are the author of the
photographs, and you publish them in our platform, you fully accept the
following conditions:

· You are the owner or you have the corresponding
authorization for the publication, public communication, and
reproduction by way of the internet.

· All of the content published in and associated with
your profile is legal and completely suitable to the current
regulations, specifically with regards to intellectual and industrial
property, protection of personal information, and protection of the
right to honour, privacy, and one’s own image, independent of whether or
not the titleholder of the same is an individual or company.

· Minors cannot appear in the images without the
parents’ previous express written consent.

· In the case that faces or identifying signs of 3rd
parties appear in the photograph or image, you must have the express
authorization of the aforementioned person for having taken the image
and, in this case, previously informed them that it will be published
through the internet in our web portal.

· In all cases the images must fully comply with the
Personal Data Protection and Intellectual and Industrial Property
regulations, and the right to Honour, Privacy, personal and family, and
one’s own image.

· The images and photographs must comply with public
decency standards, and pornographic images cannot appear in them, nor
can they be considered obscene with regards to Spain’s current customs,
nor can they compromise the fundamental rights of third parties.

· You license us to use, distribute, reproduce and market this content such that it can be used to guarantee the correct functioning of the platform, and can also be used to carry out promotional, sales and/or marketing activities for our platform and/or specific services.

· This is a worldwide licence with no geographic limitations and with a maximum time limitation till the user de-registers their profile on the platform, and is non-exclusive, free, transferrable and sub-licensable to third parties

· Under this licence, you do not lose the right to continue to sell your photographs and images, irrespective of medium, format, place or time, even if you are no longer a registered user, except if said photographs and images have been previously sold under the condition of exclusivity.

· If your profile is deactivated, by you or directly by us in line with these conditions, or you voluntarily de-register as a user of the platform, the licence of use indicated above shall no longer apply.

· We reserve the right to immediately eliminate,
without previous notification, any image and its associated content
that does not comply with the aforementioned requirements or that does
not comply with the adequate quality level that we expect to maintain
in Blipoint, even leading to the preventive blocking of the associated
user’s account, and the notification of the corresponding legal
authorities.

In the case that you do not comply with your
obligations as a registered user, you fully assume the resulting
responsibilities that can occur, be it before our platform or any other
third party that considers its rights to have been infringed, assuming
any and all types of costs, fees, and damages that can result.

4.3 NOTIFICATION OF RIGHTS INFRINGEMENT

In the case that while navigating our platform you
detect any of the following situations, we advise you to let us know as
quickly as possible. Some of the situations that we permanently pursue
from Blipoint are the following:

·Unauthorized use of content (text, photographs,
videos,...) property of third parties.

·Unauthorized use of information regarding minors.

·Use that can infringe upon the right to honor,
privacy, and one’s own image of individuals, whether they are Blipoint
users or not.

·Unauthorized use of one’s own personal information,
or that of third parties, that infringes on Personal Data Protection
regulations.

In any of these cases, or similar ones, the protocol
that users must follow in order for us to deal with the cases in the
fastest and most effective manner possible is the following:

·Identify the content in question that supposedly
infringes on the law or a right.

·Identify oneself as the titleholder of the affected
right or, in its case, as their legitimate representative with adequate
powers of consent within the current laws.

·Clearly identify the chosen ways for us to be able
to get in contact with the person making the claim/complaint.

·Duly accredit their identity by way of an adequate
official document (ID Card or Passport).

·Facilitate a sworn statement in which the
truthfulness of the information included in the claim/complaint is
demonstrated, as well as the legitimate titleholder of the rights, or in
its case, the rights of representation is proven.

All of the requests should be directly sent to the
following e-mail address info@blipoint.com in paper format to the address
indicated in clause 1 relative to the Identification, or in its case a través del
siguiente formulario (by way of the following form).

5 DURATION

The contract as a registered or nonregistered user
has a determined duration until the moment in which the registered
user’s membership is cancelled, or the website is left, in the second
case.

6 CONFIDENTIALITY AND DATA PROTECTION

Blipoint is deeply committed to the defence and
protection of the personal data protection rights of our users, in
accordance with Law 15/1999 of December 13th, of Data
Protection (LOPD) and the Royal Decree 1720/2007, of December 21st,
in which the regulations of development of Law 15/1999, of December 13th,
of personal data protection (RLOPD) was approved.

While using our platform, for the correct performance
of service, we need you to facilitate us with certain personal
information for data processing. The aforementioned processing will take
place, in all cases, in conformance with current laws, and adopting the
security, legal, and technological measures necessary for its
protection.

All of the information that you give us is stored and
treated in an automated file that is duly registered with the Spanish
Agency of Data Protection (AEPD). You can consult all of the files that
our entity has available from the following link of the AEPD.

In the case that you decide not to provide us with
the solicited information, it will not be possible for you to register
as a user, solicit information, or publish content on our website.

The personal information that you provide us with
will only be used for:

·Allowing you access as a registered user to the user
profile in order to create the community of Blipoint users.

·Forwarding information relative to agreements and
initiatives that we have with third parties and that is of interest to
the users.

·Sending you the newsletter periodically.

·Informing you regarding current events related to
photography, trends, and travel.

·Carrying out statistical analysis with regards to
your use of the platform, thereby obtaining general conclusions
regarding tastes and major trends and referring to and using them
commercially in a completely anonymous way.

·Managing your participation in the contests and
promotional events that we organize in Blipoint.

·Using content associated to your profile to carry
out promotions and publicity for Blipoint and third parties related to
the photography, trend, and travel sectors.

Under no circumstances will we do the following
activities:

·Give the personal information to other people or
entities, without the previous consent of the titleholder of the
information.

·Transfer the information to other States, without
the previous consent of the titleholder of the information.

We would like to inform you that you can exercise
your rights of Access, Rectification, Cancelation, and/or Opposition in
writing, and attaching, in any case, a copy of your ID Card, passport,
or official document with which we can prove your identity.

7 STATISTICS AND COOKIES

Our website has Cookies and activity files that allow
us to know about the activity that you conduct through our website.

We reserve the right to share this information
anonymously and without any type of personal information with other
client businesses, suppliers, sponsors, and/or advertisers.

The tool used for the control and analysis of visits
received is Google Analytics. It is an analytical web service provided
by Google, Inc., a Delaware company whose headquarters are at 1600
Amphitheatre Parkway, Mountain View (California), CA 94043, United
States (“Google”).

Google Analytics uses “cookies”, that are text files
located in your computer, to help to anonymously analyze the use of the
Website users.

The information that the cookie generates regarding
the website use (including your IP address) will be directly transmitted
and filed by Google in servers in the USA. Google will use this
information on our behalf with the aim of having information regarding
the use of the web, compiling reports of the activity, and giving other
services related to our activity and the use of the internet. Google can
pass on the aforementioned information to third parties when the
legislation requires it, or when the aforementioned third parties
process the information on Google’s behalf.

Google will not associate your IP address with any
other information that it has at its disposal. You can reject this
processing of the information rejecting the use of cookies by way of the
selection of the appropriate navigator configuration. However, in this
case it is possible that our platform will not function correctly. In
using this Web, you consent to the processing of the information held by
Google in the way and for the purposes indicated above.

In order to be a registered Blipoint user it is
imperative that you be 14 years of age or older, in accordance with what
is set out in the data protection rules, or in the contrary case with
the previous written authorization of parents and/or legal guardians.

For this, it will be necessary that you send us, to
the following e-mail address, info@blipoint.com , the written authorization duly
signed by your parents or guardians, together with a copy of your ID
card, passport, or a similar document; documentation that will be only
used by our personnel to carry out this task of identification, and not
be used for any other end.

In any case, we reserve the right to contact with all
of the registered users to check their identity and age. In the case
that the aforementioned communication is ignored or is answered with
false or manipulated information, the account will be blocked.

In the case that you detect during your navigation
profiles of users that are younger than 14 years of age, we ask you to
let us know immediately so that we can proceed with initiating the
aforementioned identification protocol.

9 SECURITY AND PHISHING OF USERS

You accept that it is not possible to achieve full
availability of the platform. However, we are permanently working on it
so that it can be this way, together with the security of all of our
users. This task is a shared one, both ours and yours, and should always
comply with the following instructions that we set out:

·Providing false information or information of which
you are not the title holder on the user registry is not allowed,
understanding that in these types of cases we would be before a case of
phishing punishable by current legislation.

·All registered users must have a user name and
password to identify themselves. The access password must not be less
than 8 alphanumeric characters and should be periodically modified at
least every 6 months.

For our online community, the true identification of
the users that exist behind each profile is essential to ensure trust.
It is for this reason that in the case that we believe a Blipoint user’s
identity or that of a third party that doesn’t belong to the platform
has been supplanted, we will automatically proceed to identify you as a
registered user, asking for a copy of your ID Card, passport, or a
similar official document, proceeding to the automatic elimination of
your account in the case that it is fake or that we don’t receive an
answer.

As soon as we are aware that any type of situation
that implies the phishing of a user is taking place, we will let the
appropriate authorities know.

10 ADVERTISING, PROMOTIONS, AND PROMOTIONAL EVENTS

We reserve the right to carry out communications of a
commercial/promotional character through the general pages of our
platform and the confidential areas of your user profile.

These communications can be by way of the sending of
e-mails, the inclusion of publicity banners, and the publication on your
wall of sponsored events such as photography exhibitions and the like.

In large part, all of the advertising that we show
you will always be related to the photography, nature, and travel
sectors.

It is possible that on occasions we will have
promotions, contests, and specific advertising that is subject to
certain conditions, which we will inform about at the moment of its
execution.

11 THE USE OF LINKS WITHIN THE PLATFORM

The use of links in the internet is one of the
essences of its operation. It is for this reason that links to third
party websites are expressly authorized in the users’ profiles, always
if these are legal and don’t have any financial activity, either
directly or indirectly.

With respect to the links included by the users, we
are not responsible for the content that can be housed in these
websites, with the websites themselves being the only ones responsible
in this regard. In no case shall these links have as a purpose the
obtaining of, by the user, financial benefit, directly or indirectly,
for themselves or for third parties.

In the same way, the making of a link to content
housed in our platform is expressly authorized, so that you can make a
link to the users’ profiles, always when you do it for all of the
profile content, and not only an image or specific piece of information,
and that the user in question has not limited this possibility in
his/her conditions of privacy.

In relation to the links published by us, we are
committed to ensuring that their content complies with the current
legislation, as well as with the conditions stated herein, also
committing ourselves to their immediate removal as soon as we are made
aware that the content of the link breaches in any way any of the
instructions set forth.

12 GUARANTEES AND RESPONSIBILITIES

Blipoint guarantees you the following:

·The originality of the images and photographs as
well as their legality.

·We have all of the necessary authorizations for the
use of the images published by our users.

Nevertheless, me must inform you that, in spite of
the fact that we make a permanent effort to classify, filter, and select
the legal and non-legal content published in the platform, we can’t
guarantee you these extremes in a permanent way, thanking you in advance
that in the case you detect any kind of infraction, that you let us know
as soon as possible.

Since all of the images are directly published in the
platform by the users, all of the claims/complaints with respect to the
same should go directly to the users, and under no circumstances to
Blipoint that, nevertheless, will collaborate in any case with the user
that lodges the complaint and, if necessary, with the necessary
authorities for the resolution of the conflict.

All of Blipoint’s responsibility will be limited to
the total price paid during the year by the affected user, with the
money not being returned, except for in the case of a judicial order or
legal requirements on the contrary.

13 MODIFICATIONS

In any case, we reserve the right to modify, without
prior notice, the conditions of use and registry stated herein, making
them public together with the date of publication, by way of the
website, making them public by way of the company blog and, in its case,
sending a copy of the new text via e-mail, always paying attention to
modification criteria that go together with improving service, greater
clarity, and better protection of the consumers and users, and always
soliciting the express acceptance of the same.

14 SAFEGUARD CLAUSE

All of the clauses or extremes of these conditions of
use should be interpreted in an independent, autonomous way, the rest of
the stipulations not being affected in the case that one of them has
been declared null by a judicial sentence or arbitration resolution. The
affected clause or clauses will be substituted by other(s) that protect
the effects pursuant to the conditions of use.

15 RESOLUTION OF CONFLICTS

Independent of the website through with one accedes,
and the user’s nationality, and always when the law allows for it, for
all litigious matters or conflicts that involve our website or any that
depends on it, Spanish legislation will apply, being competent for the
resolution of all of the conflicts derived from or related to the use of
the present website, the Courts and Tribunals of Barcelona, Spain and,
if necessary, the Arbitration Tribunals of consumption or similar ones
to which we find ourselves adhered, at the moment the conflict happens.

To make a claim/complaint regarding the use of our
services, you can contact, by mail, the electronic or physical addresses
indicated above. We promise to deal with absolutely all of the
notifications that we receive in this sense.